About ABA

AUSTRALIAN BODYBOARD ASSOCIATION CONSTITUTION

MISSION STATEMENT:

To promote and encourage Bodyboard competition at all levels to males and females, regardless of race, colour or creed. To actively pursue the development of the sport/pastime of Bodyboarding and to encourage and provide coaching, judging and surf awareness in the Australasian region.

NON-PROFIT CLAUSE:

‘The assets and income of the organization shall be applied solely in furtherance of its above-mentioned objects and no portion shall be distributed directly or indirectly to the members of the organization except as bona fide compensation for services rendered or expenses incurred on behalf of the organization’.

DISSOLUTION CLAUSE:

‘In the event of the organization being dissolved, the amount that remains after such dissolution and the satisfaction of all debts and liabilities shall be transferred to another organization with similar purposes which is not carried on for the profit or gain of its individual members’

PART I – PRELIMINARY

1. Interpretation

1) In these rules, except in so far as the context or subject matter otherwise indicates or requires:

“the Act” means the Corporations Act 2001.

“administrative regulations” means the administrative regulations and measures and the prescription of forms and procedures made by the general committee pursuant to these Rules.

“affiliates” means the regions or other bodyboarding organizations affiliated with the association or granted affiliation with the Association pursuant to these Rules.

“associate member” means a person involved in the sport of bodyboarding and is not a member of an affiliate and is admitted to Associate Membership of the Association.

“association” means the “Australian Bodyboard Association”, registered under the Act.

The Rules of Australian Bodyboard Association contained herein are in accordance with Section 2 and contain those matters specified in Schedule 1.

“director” means a non-executive board member of the association

“delegate” means appointed state representative

“executive member” means an individual who is an Executive office-bearer of the association.

“executive board” means the board that is made up of the Executive office-bearers of the association.

“general board” means all elected non-executive directors and members of the general board.

“life member” means an individual who is admitted, under these Rules, to life membership of the association.

“the Regulation” means the Australian company regulation.

“Rules” means the Rules of the association for the time being in force.

“special general meeting” means a general meeting of the association other than an Annual General Meeting.

2) The affiliation of an organization, or region, with the Association effected by the admission of their delegates as members of the Association shall constitute recognition that these Rules, the administrative regulations and the rules of competition have the same binding force and effect on each of them as these Rules have by the Act on each member of the Association and acknowledgment by the affiliates and their respective members of the exclusive control by the association and an agreement to refer all protests, claims and disputes between the association and the affiliates and between each other to the association for hearing and determination pursuant to these Rules.

PART II – MEMBERSHIP

2. Types of Membership

1) The Association shall consist of members as follows:

a) Board of Directors
b) Executive members
c) Participant Members
d) Associate members
e) Life members

2) Each Board Director shall be appointed annually and by written document seven days prior or at the Annual General Meeting, and shall hold membership from the commencement of the next ensuing annual general meeting until and before the commencement of the annual general meeting of the association held in the year next following. Directors will be appointed following a majority vote by the General Board and by state delegates.

3. Admission to Membership and Affiliation

a) Executive Membership
An individual upon his or her election taking effect as an office bearer of the association for the position of Chairman, Non-executive Director, General Manager, Assistant General Manager, Secretary / Public Officer, Financial Officer, Director of Personnel and Memberships, Director of Marketing and Director of Sponsorship and Marketing (and other role titles the Association sees fit to appoint) shall thereby be admitted to executive membership.
b) General Board Membership
An individual upon his or her election taking effect as an office bearer of the association for all
positions – also includes the delegates as nominated by each region / state.

New delegates of new affiliated clubs:

i. Any region seeking affiliation with the association shall make application in writing in a form determined by the Executive Board and shall lodge the same along with the secretary of the association.
ii. The application shall be submitted to a special general meeting of the association for approval. If the nomination is approved, the Association shall have the right to attach such conditions to the affiliation as may be provided for in the administrative regulations of the association provided that no such condition or conditions contravene the provisions of the Act or the Regulation of these Rules.
iii. Where the association determines to approve a nomination for affiliation, the secretary shall, as soon as practicable after that determination, notify the nominee of the approval, as the other affiliated members.
iv. Upon a grant of affiliation, the new region or organization shall thereupon be entitled to nominate in the case of a region the number of delegates determined according to form in Rule 2 (iii), one delegate, as members of the association and the secretary of the association shall upon receipt of the nomination enter the delegate name in the register of members and the name and address of the secretary or main office of the new region or organization in the register of affiliates.
v. Each region can nominate a secondary delegate.
vi. The association can be required to give any reason or explanation for rejecting any application for affiliation.

c) Participant Membership
An application for membership of the association shall be made in writing in a form determined by the Executive Board and shall be lodged with the General Manager and / or Secretary of the association.

d) Associate Membership
An application for associate membership of the Association shall be made annually in writing in a form determined by the Executive Board and shall be lodged by the applicant with the Secretary of the Association who shall refer the application to the Executive Board for acceptance or rejection of the application.

e) Life Members
i. The following shall be eligible for life membership of the association, namely Office-bearers of and delegates to the association who have been members of the management for a period of ten years in all.
ii. Notwithstanding the provisions of paragraph 1 of this Rule, the Executive Board may in its sole discretion nominate for life membership any person considered by it to have rendered exceptional or outstanding service to the association or the former association irrespective of whether such person is or has been an office-bearer of or delegate to the association or the former association or not.
iii. Proposed life members shall be nominated in writing by any member of the Executive Board which shall call a general meeting of the association for the purpose of considering such nomination and upon the Executive Board certifying to the necessary qualifications the name of the nominee shall be submitted to the association for election and such nominee shall be elected by a resolution carried by a three-fourths majority of members present and entitled to vote.

4. Cessation of Membership

1) Executive Member

An Executive member ceases to be an Executive member of the association if that person:-
a. dies
b. resigns that membership
c. is expelled from the association
d. becomes a delegate member

2) General Board Member – All Office Bearers and Delegate members.

A General Board member ceases to be a General Board member of the association if that person:-
a. dies
b. resigns that membership
c. is expelled from the association
d. ceases to be the nominated delegate of a region / state
e. fails to respond to requests three consecutive months of the year

Note: A delegate member cannot be an office bearer of the Association.

3) Life Member

A life member ceases to be a member of the association if that person:-
a. dies
b. resigns that membership or
c. is expelled from the association

4) Participant Member

A Participant member ceases to be a member of the association if the participant
a. dies
b. resigns that membership or
c. is expelled from the association or
d. ceases for any other reason to be a member of the region / state with which the member is registered disaffiliates from the association or its affiliation with the association is terminated or suspended.

5) Associate Member

An associate member ceases to be a member of the association if the associate member:-
a. dies
b. resigns that membership or
c. is expelled from the association

5. Membership Entitlements not Transferable

A right privilege or obligation which a person has by reason of being a member of the association –
a) Is not capable of being transferred or transmitted to another person; and
b) Terminates upon cessation of the person’s membership.

6. Resignation of Membership

i. A member of the association is not entitled to resign that membership except in accordance with this Rule.
ii. A member of the association who has paid all amounts (if any) payable by the member to the association in respect of the member’s membership, may resign from membership of the association by first giving notice in writing to the secretary of the member’s intention to resign. Upon the receipt of the notice, the member ceases to be a member.
iii. Where a member of the association ceases to be a member pursuant to Clause 2, and in every other case where a member ceases to hold membership, the secretary shall make an appropriate entry to the register of members recording the date on which the member ceased to be a member.

7. Register of Members and Affiliates

i. The secretary of the association shall establish and maintain a register of members of the association specifying the name and address (email accepted) of each person who is a member of the association together with the date on which the person became a member.
ii. The secretary shall also record therein which of the delegate members are primary delegates and secondary delegates.
iii. The secretary shall establish and maintain a register of affiliates and record therein the name & address (email) of the secretary of each affiliate.
iv. The register of members and of affiliates shall be kept at the principal place of administration of the association and shall be open for inspection, free of charge, by any member of the association at any reasonable hour.

8. Fees, Subscriptions etc.

i. Members will be required to pay joining fees upon admission to the association
ii. Executive members, special organizations (determined by the Executive Board) and delegate members shall not be liable to pay registration fee or an additional annual subscription.
iii. A region/organization shall pay to the association an annual registration fee. This registration fee shall be determined by the Executive Board and shall be paid in each year by the date determined by the Executive Board at the Annual General Meeting.
iv. Each associate member shall pay such registrations fees as shall be determined by the Executive Board and such fee shall be paid in each year by the date specified by the Executive Board. Every year, at the Annual General Meeting, the Executive Board shall announce the registration fee for the year, with the specified payment day.

9. Members’ liabilities

The liability of a member of the association to contribute towards the payment of the proved debts and liabilities of the association or the proved costs, charges and expenses of the winding up of the association is limited to an amount of $5 three monthly, for the maximum period of 2 years, and every person who becomes a member of the association is deemed to have undertaken to pay such amount, if so required, in the event that the association is wound up while such person is a member or within a period of one year after ceasing to be a member thereof.

10. Expulsion from the Association, Suspension from Membership and other Disciplinary Measures

1. Where the General Board is of the opinion that a member of the association
i. has persistently refused or neglected to comply with a provision or provisions of these Rules; or
ii. has persistently and wilfully acted in a manner prejudicial to the interests of the association
iii. failed to comply with the code of conduct of the association

The General Board may, by resolution:-
a) issue a warning or reprimand to the member or
b) impose a monetary penalty on the member or
c) expel the member from the association or
d) suspend the member from membership of the association for a specified period.

2) A resolution of the General Board under clause 1, is of no effect unless the General Board, at a meeting held not earlier than 14 days and not later than 28 days after service on the member of a notice under clause 3, confirms, the resolution in accordance with this Rule.

3) Where the General Board passes a resolution under clause 1, the secretary shall, as soon as practical, cause a notice in writing (email accepted) to be served on the member:-
a) setting out the resolution of the General Board and the grounds on which it is based;
b) stating that the member may address the General Board at a meeting to be held not earlier than 14 days and not later than 28 days after service of the notice;
c) stating the date, place and time of that meeting; and
d) informing the member that the member may do either or both of the following:-
i. Attend and speak at that meeting;
ii. Submit to the General Board at or prior to the date of that meeting written representations relating to the resolution;
e) Informing the member that at the absolute discretion of the chairperson, the member may be legally represented and further informing the member that if legal representation is not allowed by the chairperson, the member may be represented by another person not so qualified.

4) At a meeting of the General Board held as referred to in clause 3, the General Board shall;
a) Give to the member an opportunity to make oral representations;
b) Give due consideration to any written representations submitted to the General Board by the member at or prior to the meeting; and
c) By resolution determine whether to confirm or to revoke the resolution.

5) Where the General Board confirms a resolution under clause 4, the secretary shall, within 7 days after that confirmation, by notice in writing inform the member of the fact and the member’s right of appeal under Rule 11.

6) A resolution confirmed by the General Board under clause 4 does not take effect –
a) Until the expiration of the period within which the member is entitled to appeal against the resolution where the member does not exercise the right of appeal within that period; or
b) Where within that period the member exercises the right of appeal, unless and until the association confirms the resolution pursuant to Rule 11 (4).

11. Right of Appeal

1) A member may appeal to the association in general meeting against a resolution of the General Board which is confirmed under Rule 10 (4) within 7 days after notice of resolution is served on the member, by lodging with the secretary a notice to that effect.
2) Upon receipt of a notice from a member under clause 1, the secretary shall notify the General Board, which shall convene a general meeting of the association to be held within 21 days after the date on which the secretary received the notice.
3) At a general meeting of the association convened under clause 2 –
a) No business other than the question of appeal shall be transacted;
b) The General Board and the member shall be given the opportunity to state their respective cases orally or in writing, or both; and
c) At the absolute discretion of the chairperson, the member may be legally represented, provided that if legal representation is not allowed by the chairperson, the member may be represented by another person not so qualified; and
d) The members of the Board present shall vote by secret ballot or by another method deemed appropriate by the Board on the question of whether the resolution would be confirmed or revoked, and the majority of the secret votes will determine the final decision for the case.
4) If at the general meeting the association passes a special resolution in favour of the confirmation of the resolution, the resolution is confirmed.

12. Application of Certain Rules to and Special Provisions Relative to Affiliates

1) The following rules shall apply mutatis mutandis to affiliates
i Rule 6 – resignation of affiliation PROVIDED THAT the region
Shall pay to the association any amount outstanding in respect to participant registration fees and any monies due and payable by it to the association.
ii Rules 10 and 11 – termination or suspension of affiliation or other disciplinary measures.
2) The failure of a region or an affiliated organization to appoint delegate members in accordance with the provisions of these Rules shall be deemed to be conduct prejudicial to the interests of the association within the meaning of Rule 10.
3) The affiliation of a region or an organization shall cease;
i. if it resigns;
ii. If the affiliation is terminated;
iii. If being an incorporated body, it is wound up or, being an unincorporated body, becomes (in the opinion of the Executive Board) defunct, disbanded or dissolved.
iv. If it does not within 28 days after written notice from the association to do so, comply with a direction of the Executive Board to amend or repeal any of the clauses of its constituent document.

PART III – COMMITTEES

SECTION A – MANAGEMENT BOARD

13. Powers etc. of the Executive Board

The executive members shall be called the Board of Management of the association, and, subject to the Act, the Regulation and these Rules and to any resolution passed by the association in general meeting –
a) Shall control and manage the affairs of the association;
b) May exercise all such functions as may be exercised by the association other than those functions that are required by the Act, the Regulation or these Rules to be exercised by a general meeting of members of the association or by the General Board of the association;
c) Has the power to perform all such other acts and do all such other things that appear to the Executive Board to be necessary or desirable for the proper management of the affairs of the association.

14. Composition and membership of the Executive and General Board

1) The office-bearers of the Executive Board shall be:-

a) General Manager
b) Assistant General Manager
c) Secretary / Public Officer
d) Personnel / Membership Director
e) Sponsorship / Marketing Director
f) Financial Officer

The remaining ordinary office-bearers of the General Board shall be:-

g) Competition / Development Director
h) Media / Website Co -ordinator
i) Coaching Director
j) Men’s Representative
k) Women’s Representative
l) Drop Knee Representative

2) Each member of the Board shall, subject to these Rules, hold office until the conclusion of the annual general meeting following the date of the member’s election but is eligible for re-election, subject to the provisions of Rule 15.

3) In the event of a casual vacancy occurring in the membership of the Executive or General Board, the Executive Board may appoint a person to fill the vacancy and the person so appointed shall hold office, subject to these Rules, until the conclusion of the annual general meeting next following the date of the appointment.

15. Election of Members of the Board

1) Nominations of candidates for elections as office bearers of the association shall be registered upon written receipt (e-mail accepted) from the secretary of the Association, after delivery to him/ her until 7 days before the date of the annual general meeting. The secretary shall make available the nominations upon request 7 days before the annual general meeting, notify members and the secretary of each affiliate of the names of the candidates if requested, so they can indicate their votes through the delegate members at the Annual General Meeting. Majority of the votes of the present members shall choose the Office-bearers for the following year.
2) If insufficient nominations are received to fill all vacancies on the Board, the candidates nominated shall be deemed to be elected and further nominations shall be received at the annual general meeting.
3) If insufficient further nominations are received, any vacant positions remaining on the Board shall be deemed to be casual vacancies.

4) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.
5) If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held.
6) The ballot for the election of office-bearers of the Board shall be conducted at the annual general meeting in such usual and proper manner as the Executive Board may direct.
7) A person may be nominated and hold more than one office on the Board of the Association. The ballot for the election of the various offices shall be conducted in the order in which the office bearers are listed in Rule 14 (1).

16. Duties and Functions of Officials
General Manager

i. Responsible for the day-to-day running of the association.
ii. Liaise directly with regional representatives on all matters relating to development and education.
iii. Acts as alternate chairperson for Chairman at ABA Board meetings.
iv. Is the spokesperson for the Association.
v. Work closely with the Competition/Development Director on all matters relating to Australasian competition and budgets.
vi. Seeks sponsorship for the overall organization.
vii. Heads a National Research and Development sub-Committee consisting of Delegates from the ABA States / regions.
viii. Represents the association on all external committees or associations.
ix. Prepares forecast budgets based on projected income.
x. Heads a finance committee to manage the accounts of the Association and its factions and assists in the preparation of financial reports.
xi. Has an active role in Special Projects.
xii. Act as Technical Director at events when needed.
xiii. Member of the Executive Board.

Assistant General Manager

i. Assists in the day to day running of Association when required.
ii. Assumes responsibilities / duties of the General Manager as per above when required.
iii. Member of the Executive Board

Secretary / Public Officer

i. Maintain a register of all office bearers and members.
ii. Record attendance / minutes of all proceedings at committee meetings and general meetings.
iv. Give notice of upcoming meetings and general meetings to all committee members and delegates.
v. Manage correspondence as required.
vi. Maintain Incorporation.
vii. The Public Officer is the official point of contact of the Association and is one of the authorised signatories.
viii. Perform all duties of the Public Officer as required by the Act.
ix. Member of the Executive Board.

Director of Personnel and Membership

i. Establish and maintain Australasian Data Base.
ii. Acts as Technical Director or Head Judge at events when required
iii. Makes sure that all memberships and fees have been paid into official Association account, judges have been allocated and prize money is in order.
iv. Informs competitors and updates website.
v. Does the seeding and updates the rankings for all Tours
vi. Help with the establishment of new contests throughout the Regions.
vii. Is a member of the Finance Committee.
viii. Member of the Executive Board.

Sponsorship / Marketing Director

i. Maintain and develop sponsorship.
ii. Develop marketing strategy and plan.
iii. Research and report on external opportunities.
iv. Report developments at General Meetings.
v. Member of the Executive Board.

Financial Officer

i. Maintain correct record of the financial affairs of the Association
ii. Ensure that all monies collected / received and that all payments made have been authorised.
iii. Prepare and present financial reports at committee and general meetings.
iv. Member of the Executive Board.

Competition / Development Officer

i. Maintains a register of all competition Australia wide.
ii. Establish and maintain Australasian calendar of events.
iii. Works closely with the General Manager.
iv. Help with the establishment of new contests throughout the region.
v. Oversees the development of the Australasian tour and acts as Technical Director at Australasian
tour events when required. .
vi. Is a member of the Finance Committee.
vii. Chairs the contest sub -committee.
viii. Chairs the School Development sub- committee.

Media / Website Co- ordinator

i. Oversees media and promotions of all competitions Australia wide.
ii Works closely with the Director of Competitions.
v. Co – ordinates all media and maintains updates IBAA website.
vi. Prepares and distributes all domestic media releases.

Coaching Director

i. Develop coaching courses.
ii. Set up and maintain a database of Bodyboarding coaches.
iii. Help with the development of the School’s Programme
iv. Manage / co-ordinate elite camp.

Men’s Representative

i. Liaise between male members and the association.
ii. Work closely with the Director of Competitions to develop tour.
iii. Inform competitors and prepare media through the Media Director.
iv. Prepare and present reports on matters relating to male members at general meetings.

Women’s Representative

i. Oversees the organization and running of the Women’s Tour.
ii. Inform competitors and prepare media through Media Director.
iii. Establish Women’s Bodyboarding Sub Committee.
iv. Prepare and present reports on matters related to the women members at general meetings.

Drop Knee Representative

i. Oversees the organization and running of the Drop Knee tour.
ii. Assists in the development and maintenance of a regular drop knee calendar.
iii Inform competitors and prepares media through Media Director.
iv. Establish a Drop Knee Bodyboarding Sub Committee.
iv. Prepare and present reports on matters related to Drop knee members at general meetings.

17. Casual Vacancies

For the purpose of these rules, a casual vacancy in the office of a member of the Board occurs if the member :
a) Dies
b) Ceases to be a member of the association
c) Becomes an insolvent under administration within the meaning of Corporations Law;
d) Resigns office by notice in writing given to the secretary;
e) Is removed from office under Rule 18 herein;
f) Becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health, or
g) Is absent without the written consent of the Executive Board from two (2) consecutive meetings of the Board.
h) Is disqualified by the operation of Rule 15 (1); the member disqualified shall be the one whose election, appointment or actions cause a breach of Rule 15 (1).

18. Removal of a Member of the General Board

1) The association in special general meeting may by resolution of the majority in the Board or 75% of the registered Delegate members, to remove any member of the General Board from the office of member before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member is removed.
2) A member of the Board to whom a proposed resolution referred to in clause 18 (1) relates, may appeal such resolution and such appeal shall be made and conducted in accordance with the provisions of Rule 11 herein.

19. Meetings and Quorum

1) Meetings of the Executive Board shall be held at such times and intervals as the Executive Board shall decide. Meetings shall be convened by the secretary or, in the absence of the secretary, another nominated person.
2) The secretary shall, upon receiving a request in writing signed by three (3) members of the Board, convene a special general meeting of the General Board. However, no such special general meeting will be convened unless the requisition from the three members sets out, in writing, the purpose for which the special meeting is to be held.
3) Meetings of the General Board shall be held at such times and intervals as the Executive Board shall decide. Meetings shall be convened by the Secretary, or in the absence of the Secretary, another
nominated person. Special general meetings of the General board requires that three (3) members of the General Board sets out, in writing, the purpose for which the meeting is to be held.
4) Oral or written notice of a meeting of the Board shall be given by the secretary to each member of the Board at least 72 hours (or such other period as may be unanimously agreed upon by the members of the Executive Board) before the time appointed for the holding of the meeting.
5) Notice of a meeting given under clause (2) shall specify the general nature of the business to be transacted at the meeting and no business other than that business shall be transacted at the meeting, except business which the Board members present at the meeting unanimously agree to treat as urgent business.
6) Majority (50% + 1) of the members of the General Board constitute a quorum for the transaction of business of the meeting of the General Board.
7) The General Board shall transact no business unless a quorum is present and if within half an hour of the time appointed for the meeting a quorum is not present the meeting stands adjourned to the same place and at the same hour of the same day in the following week.
8) If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting shall be dissolved.

9) At a meeting of the General Board –
a) The Chairman, or in the Chairman’s absence, the General Manager shall preside; or
b) If the Chairman and General Manager are absent or unwilling to act, such one of the remaining members of the Executive Board as may be chosen by the members present at the meeting shall preside.
10) The secretary of the association shall within 14 days after the date of a meeting of the General Board, send a copy of the minutes of that meeting and of the reports tabled at that meeting, to the secretary of each affiliate.

20. Delegation by Executive Board to Sub- Committee

1) The Executive Board may, by instrument in writing, delegate to one or more sub-Committees (consisting of such member or members of the association or such other persons as the Executive Board thinks fit ) the exercise of such of the functions of the Executive Board as are specified in the instrument other than –
a) This power of delegation; and
b) A function which is a duty imposed on the Executive Board by the Act or by any other law.

2) A function, the exercise of which has been delegated to a sub-Committee under this Rule may, while the delegation remains unrevoked, be exercised from time to time by the sub-Committee in accordance with the terms of the delegation.
3) A delegation under this section may be made subject to such conditions or limitations as to the exercise of any function the subject thereof, or as to time or circumstances, as may be specified in the instrument of delegation.
4) Notwithstanding any delegation under this Rule, the Executive Board may continue to exercise any function delegated.
5) Any act or thing done or suffered by a sub-Committee acting in the exercise of a delegation under this Rule has the same force and effect as it would have if it had been done or suffered by the Executive Board.
6) The Executive Board may, by instrument in writing, revoke wholly or in part any delegation under this Rule.
7) A sub-Committee may meet and adjourn as it thinks proper.

21. Voting and Decisions

1) Questions arising at a meeting of the Board or of any sub-Committee appointed by the Executive Board shall be determined by a majority of the votes of members of the Board or sub-Committee present at the meeting.
2) Each member present at a meeting of the Executive Board or of any sub-Committee appointed by the Executive Board (including the person presiding at the meeting) is entitled to one vote, but, in the event of an equality of votes on any question the person presiding may exercise a casting vote.
3) Subject to Rule 19 (5), the Executive Board may act not withstanding any vacancy on the Executive Board.
4) Any act or thing done or suffered, or purporting to have been done or suffered, by the Executive Board or by a sub-Committee appointed by the Executive Board, is valid and effectual not withstanding any defect that may afterwards be discovered in the appointed or qualification of any member of the Board or sub-Committee.

22. General Board

1) There is established a Board to be known as the General Board.
2) The members of the General Board are the elected office -bearers and the Delegate members.
3) Meeting of the General Board shall be held half yearly on such dates and at such times and places as shall be determined by the Executive Board at least 2 months prior to the meeting.
4) Powers and functions of the General Board are;
a) To receive a report from the Executive Board on the affairs of the Association since the previous meeting.
b) To receive a report from the General Manager on the Administration and Developments affairs of the Association since the previous meeting.
c) To receive a report from the Finance Officer on the financial affairs of the Association since the previous meeting.
d) To make administrative regulations not inconsistent with the Act, the Regulation or with these Rules as in the opinion of the Board are necessary or desirable for the proper control, administration and management of the association’s finances, affairs, interests, property and activities, including without limiting the generality thereof the specification of the powers, duties and responsibilities of delegated positions, selection policies, practice, gear and facilities, standing orders for all meetings of the association, its Executive Boards and sub-Committees and the recognition of the suspensions and disqualifications of sports persons and sports officials, for the resolution of disputes or protests and may amend and rescind from time to time any such regulations.

5) A minimum quorum for a meeting of the General/ Executive Board shall be one half of its constituent membership.
6) Each member of the General/ Executive Board shall have one (1) vote only at its meetings.

PART IV – GENERAL MEETINGS

23. Annual General Meetings – holding of

1) With the exception of the first annual general meeting of the association, the association shall, at least once in each calendar year and within the period of 6 months after the expiration of each financial year of the association, convene an Annual General Meeting of its members.
2) The association shall hold its first annual general meeting –
a) Within the period of 18 months after its incorporation under the Act; and
b) Within the period of 6 months after the expiration of the first financial year of the association.

24. Annual General Meetings – Calling of and Business at

1) The annual general meeting of the association shall, subject to the Act, be convened on such date that coincides with the completion of the Australian Pro Tour each year, and at such place and time as the Executive Board thinks fit.
2) In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting shall be
a) To confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting;
b) To receive from the Board reports upon the activities of the association during the last preceding financial year;
c) To receive and consider any financial statement or report which is required to be submitted to members under the Act.
d) The election of a Patron (if any) who shall be nominated for such position by the Executive Board.
e) To elect office bearers of the association and delegate members of the General Board;
f) Any other business brought forward in accordance with these Rules.

An annual general meeting shall be specified as such in the notice convening it.

25. Special General Meetings – calling of

1) The Executive Board may, whenever it thinks fit, convene a special general meeting of the association.
2) The Executive Board shall, on the requisition in writing of not less than 5 General Board members convene a special general meeting of the association.
3) A requisition of Executive Board members for a special general meeting –
a) Shall state the purpose or purposes of the meeting;
b) Shall be signed by the members making the requisition;
c) Shall be lodged with the General Manager and / or Secretary
d) May consist of several documents in a similar form, each signed by one or more of the members making the requisition.

4) If the Executive Board fails to convene a special general meeting to be held within 1 month after that date on which a requisition of members for the meeting is lodged with the General Manager and / or Secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than 3 months after that date.
5) A special general meeting convened by a member or members as referred to in clause 4 shall be convened as nearly as is practicable in the same manner as general meetings are convened by the Executive Board.

26. Notice

1) Except where the nature of the business proposed to be dealt with at a Annual or Special General Meeting requires a special resolution of the association, the Chairman or General Manager and / or Secretary shall, at least 14 days before the date fixed for the holding of the general meeting, cause to be sent (email accepted) to each Board member at the member’s address appearing in the register of members, as well, to the secretary of each affiliate, a notice specifying the place, date and time of the meeting, the agenda and nature of the business proposed to be transacted at the meeting.
2) Where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary shall, at least 21 days before the date fixed for the holding of the Annual or Special General Meeting, cause notice to be sent to each General Board member in the manner provided, in clause 1 specifying, in addition to the matter required under clause 1, the intention to propose the resolution as a special resolution.
3) No business other than that specified in the notice convening a general meeting shall be transacted at the meeting except, in the case of an annual general meeting, business which may be transacted pursuant to Rule 24 (2).
4) A full member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who shall include that business in the next notice calling a general meeting given after receipt of the notice from the member.

27. Procedure

1) No item of business shall be transacted at a general meeting unless a quorum of persons entitled under these Rules to vote is present during the time the meeting is considering that item.
2) A quorum for a general meeting shall be not less than one third of all board members being present in person, by email, or by a proxy (if allowed).
3) If within one hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and, in any other case, shall stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to full members given before the day to which the meeting is adjourned) at the same place.
4) If at the adjourned meeting a quorum is not present within one hour after the time appointed for the commencement of the meeting, the full members present shall constitute a quorum.

28. Presiding Member

1) The Chairperson, or General Manager or, in the Chairman and General Manager’s absence, the Assistant General Manager, shall preside as chairperson at each general meeting of the association.
2) If the Chairman and General Manager are absent from a general meeting or unwilling to act, the full members present shall elect one of their number to preside as chairperson at the meeting.

29. Adjournment

1) The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of the Board members present at the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
2) Where a general meeting is adjourned for 14 days or more, the Chairman and / or Secretary shall give fax, email or oral notice of the adjourned meeting to each Board member and the secretary of each affiliate, of the association stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting.
3) Except as provided in clauses 1 and 2, notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.

30. Making of Decisions

1) A question arising at a general meeting of the association shall be determined on a show of hands or by email response within 48 hours, and unless before or on the declaration of the show of hands a poll is demanded, a declaration by the chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the association, signed by all Board Members presented at the General Meeting, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.
2) At a general meeting of the association, a poll may be demanded by the chairperson or by not less than 3 full members present in person or by proxy (if allowed) at the meeting.
3) Where the poll is demanded at a general meeting the poll shall be taken –
a) Immediately in the case of a poll which relates to the election of the chairperson of the meeting or to the question of an adjournment; or
b) In any other case, in such manner and at such time before the close of the meeting as the chairperson directs, and the resolution of the poll on the matter shall be deemed to be the resolution of the meeting on that matter.

31. Special Resolution

A resolution of the association is a special resolution if –
It is passed by a majority which comprises not less than three-quarters of such members of the association as, being entitled under these Rules to do so, vote in person or by email or by proxy (if allowed) at a general meeting of which not less than 21 days written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules.

32. Votes and Voting

1) Each delegate member and executive board member shall have one (1) vote.
2) An associate member shall not be entitled to;
a) Receive notice of, or
b) To attend, or
c) Vote at any general meeting of the association except in the case of a participating member who may vote at the general meeting immediately following the Annual General Meeting, unless such member is also a delegate member or an officially recognised proxy of a Delegate Member.
3) A life member shall be entitled to attend and (with approval of the meeting) enter into the discussions at any general meeting of the association but shall not, unless such life member is also a office bearer or delegate member, be entitled to vote at a general meeting of the association.
4) All votes shall be given in person, by email or by an official proxy with an official written document.
5) A person shall not
a) Attend or vote at any meeting of the association; or
b) Vote on any election of a member of the Board as the proxy of a delegate member.
6) A delegate member shall be entitled to
i) Appoint a secondary delegate as proxy by notice given to the Chairman or General Manager prior to the time set down for the commencement of the meeting in respect of which the proxy is appointed. Any person so appointed as a proxy must be a member of the organization which nominated the member of the association for whom the proxy is to act and the document appointing such proxy must be countersigned by the secretary or other authorised officer of such organization.
ii) The notice appointing the proxy shall be in the official form or in the form prescribed by the administrative regulations of the association. (Email accepted).
7) A proxy for a delegate member shall have the same rights of voting and privileges of taking part in any consideration debate or discussion on any question or matter arising in any meeting of the association, as if the delegate member were present in person.
8) In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.

PART V – MISCELLANEOUS

33. Insurance

1) The association shall effect and maintain sufficient insurance as seen fit and shall ensure that affiliate association and private event promoters have sufficient insurance.

34. Funds Source

1) The funds of the association shall be derived from registration fees, fines, sponsorships, donations and investments and subject to any resolution passed by the association in general meeting, such other sources as the Executive Board determines.
2) All money received by the association shall be deposited as soon as practicable in any account opened under the association’s name with a bank, building society or corporation, deposits in which have been prescribed as authorised securities pursuant to the Trustee Act. 1925.
3) The association shall, as soon as practicable after receiving any money, issue an appropriate receipt.

35. Funds Management

1) Subject to any resolution passed by the association in general meeting, the funds of the association shall be used in pursuance of the objects of the association in such manner as the Board determines.
2) All accounts received shall be submitted to the Executive Board and, if approved, paid by the association’s cheque, credit account or direct debit by the General Manager, the Assistant Manager, the Financial Officer or the Personnel/ membership Officer.

36. The Statement of Objects and these Rules may be altered only by a special resolution of the association.

37. Common Seal

1) The Common seal of the association shall be kept in the custody of the General Manager or otherwise as the Executive Board shall determine.
2) The common seal shall not be affixed to any instrument except by the authority of the Executive Board and the affixing of the common seal shall be attested by the signature of the Managing Director or of 1 member of the executive.

38. Custody of Books etc.

Except as otherwise provided by these Rules, the public officer (secretary of Association) shall keep in his or her custody or under his or her control, all records, books and other documents relating to the association.

39. Inspection of Books etc.

The records, books and other documents of the association shall be open to inspection, free of charge, by any member of the association at any reasonable hour.

40. Service of Notices

1) For the purpose of these Rules, a notice may be served by or on behalf of the association upon any member either personally or by sending it by post or email to the member at the member’s address shown in the register of members.
2) For the purpose of these Rules, a notice may be served by and on behalf of the association upon an affiliate either personally or by the Chairman, General Manager or Secretary thereof, or by sending it by post to the Secretary of the affiliate at the address shown in the register of affiliates
3) Where a document is sent to a person by properly addressing, prepaying and posting or email to the person, a letter containing the document, the document shall, unless the contrary is proved be deemed for the purposes of these Rules to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post.

41. Administrative Regulations

1) The Executive Board at its first meeting after the incorporation of the association shall make the first administrative regulations of the association.
2) The administrative regulations shall have the same force and effect as these Rules have by virtue of the Act PROVIDED THAT an administrative regulation or a rule of competition is of no effect if it is inconsistent with the Act or these Rules.

42. Surplus Property

At the first general meeting of the association, the association shall pass a special resolution nominating an association as the association in which is to vest its surplus property pursuant to section 65 (2) of the Act in the event of the winding up or the cancellation of the incorporation of the association.

43. Matters not specifically provided for and Interpretation of the Rules and Rules of Competition of Association.

1) The Executive Board is hereby empowered to deal as it may think fit with members, affiliated organizations or the members thereof, in respect of complaints and offences and any other matters or circumstances not otherwise specifically provided for or covered in these Rules or the rules of competition.
2) The Executive Board shall be sole authority for the interpretation of these rules and the rules of competition and its decision upon any question of interpretation or upon any other matter affecting the association shall be final and binding upon members, affiliated organizations and the members thereof and the members of standing Executive Boards and all other persons affected by these rules and the administrative regulations and rules of competition.

44. Resolution of Disputes Between Members – Association

The resolution of disputes between members (in their capacity as members) and between members and the association shall be heard and determined by a Disputes Special Board appointed by the Executive Board, which shall specify in the instrument of delegation pursuant to Rule 20 the form and procedure for the hearing.

45. Financial Year

The financial year of the association is:

1st January to 31st December of each calendar year.